The Authority for the Responsible Use of Cannabis is not looking on imposing a capping to the number of the associations that could be set up, its head Joey Reno Vella said.

The reform is intended primarily for the user, so the authority believes that capping the number of licences issued would not work in the interest of the user, Vella said in an interview with this media house, the first part of which was carried yesterday.

Acknowledging that such questions arise, Vella said that the authority, up till now, has maintained that there will be no capping, and more associations would provide for more competitiveness, ensuring a better product, ultimately being the main aim of the reform.

The aim of the reform is to protect end-users who out of their own volition and consciousness, and voluntarily, decide to make use of cannabis, Vella said.

Vella also wanted to point out that the authority is, in no way, incentivising or promoting the use of cannabis.

"The authority has always been clear that the safest way to consume cannabis is not to consume at all," he said.

He said that the reality is that a huge part of the population makes use of recreational cannabis. This cannot be ignored, and these citizens should be afforded a safe and legal route from which they can obtain cannabis.

"We cannot simply let them resort to the risks and perils associated with the illicit market, where the focus is definitely not on the user and their health, but rather on the personal greed and gains of the criminal organisations," Vella said, adding that they also don't provide a safe and quality-tested product.

Protocol and regulations

Vella was asked if there were any problems which arose from the recently-licensed associations, perhaps due to a breach in protocol or regulations.

"Whilst there were no major issues with regards to licensed associations, the authority, through its continuous monitoring and overseeing programme, noticed certain aspects within these associations that required minor interventions," Vella said, where ARUC provided better guidance, and where necessary, instruct corrective mechanisms, to ensure full compliance with the spirits of the law.

He said such instances were with regards to methodologies of reconciliation, methods for waste disposal, submissions of statutory requirements, all minor issues.

Vella noted that all such interventions by the authority were met with compliance and adherence, showing that these associations understand the arching principles and aims of the reform, and are willing to uphold the best standards.

"This is something which I am very happy with, as there have been no major issues flagged, and any minor issues the authority flagged have been met with compliance, which is a very positive sign," Vella said.

Continuity

Vella is the third Head to lead the authority in three years since its inception, succeeding previous ARUC heads Leonid Mckay and Mariella Dimech. In his profession as a lawyer, he had helped draft the law which established the authority, having also served as board secretary and later a member of the authority’s board of directors.

He said that settling into the role of the new Head of the Authority for the Responsible Use of Cannabis (ARUC) was a smooth process, as he had been working with the authority since its inception.

"It was a seamless transition, as I was lucky to have a full picture of the role of the authority," Vella said.

He said he was also involved by McKay on certain issues, giving Vella full visibility to tackle them immediately.

With regards to the commercial premises appearing around the island which advertise cannabis, Vella said he identified two key stakeholders in order to devise a way forward as to how these places can be regulated.

"The ARUC regulates and monitors not-for-profit associations, meaning non-commercial associations. The authority is not tasked with regulating these commercial entities, and this does worry the authority indeed," Vella said.

He said that ultimately, these do not create an equal playing field. Vella said that the associations have strict prohibition on marketing and are liable to fines and licence suspension, while on the other hand, these commercial shops are advertising and doing marketing campaigns.

Vella said this is something the authority is looking into and closing in on the situation, and is very much willing to address it with the help of other stakeholders, because if the authority also started to regulate these commercial premises, it would create confusion and the demarcation line between what is not-for-profit, and what is commercial, would be obscured.

New amendments

Vella was asked about new amendments to the legislation on recreational cannabis, made public a few days ago.

Since he took over as Head on March of this year, Vella said that the authority has bolstered the regulatory framework through the experiences the authority gained over the past months, and has implemented amendments to the directives, focusing on different themes and subjects, crucial to the work of the authority as well as of the associations it regulates.

He said that the authority has introduced amendments which deal with the technical aspects of the harm reduction associations, whereby a particular amendment includes the introduction and establishing of limits to the ideal quality of the cannabis product.

In simple terms, Vella explained that ARUC established these limits to assure that what is being cultivated, and eventually distributed to the members, is a safe product which does not carry risks and perils brought about by products in the illicit market.

"We have also introduced a particular rule where we are stating that cultivation shall only take place either indoors, or if it will be done outdoors, it has to be in an enclosed and sturdy environment, such as a greenhouse," Vella said.

Therefore, outdoor cultivation is now totally prohibited, as per the amendments in the directives. Vella explained that the reason for this is so that the associations have full control over the cultivation of the cannabis product, as outdoor cultivation would be open to more pests and elements.

"To assure full control and a quality product the authority has also introduced an amendment where if associations are going to resort to groundwater, or water from wells, that water needs to be quality-tested," Vella said.

He said that the main aim of the reform is to help and protect users, which is why the authority is introducing these amendments.

Harm reduction

Amendments were also made with regards to harm reduction, a strong component of the authority's works.

Among several changes, Vella said that ARUC introduced an obligation on the associations to conduct more frequent and educational meetings with their members.

He said that through this, the members can have a safe space where to express themselves and share their experiences with other like-minded members.

Vella explained the directives on the roles of the associations. ARUC added scrutiny on such roles, as well as obliging such associations that would like to cater to the maximum capacity of members to have their employees in key roles to be employed on a full-time basis, ensuring that the line of production is duly catered for, with due attention given throughout the whole process, from seed to distribution.

All employees in the association would be employed, but wages are capped by the authority, in line with market rates which was researched by ARUC, Vella explained, adding that associations are not free to provide a re-numeration to an employee as they deem fit.

Debunking misinterpretations that the associations would employ individuals and grant certain employees a high salary without capping, Vella said that the authority has imposed strict limits on these wages, to be comparable with market rates.

He mentioned amendments which deal with approved premises for associations, which ensure that they have basic sanitary facilities in place.

Vella spoke of the governance and administration directive. ARUC introduced amendments that would better ensure that the sense of community within the associations is further enshrined.

"These are not simply shops. These are associations within which members have to feel a sense of community. The associations are not owned by the individuals forming them, but they are ultimately owned by the members," Vella said, emphasizing the sense of empowerment.

ARUC introduced amendments with regards to the annual elections held in the associations, to further stress that the associations are owned by the members, and not by the few individuals, he said.

Vella said that there is this impression that these associations operate like a commercial entity, where they have a CEO, and a few individuals in power.

"This is not the concept, this is a not-for-profit model, and the lead owners of the association are the members," Vella continued.

He said that annual elections are held in which the members can voice their opinions, new members can contest the election, and there may be changes in leadership.

Vella said that this ensures the crucial concept of continuity, as well as provides for a checks and balances mechanism, not just by the authority, but also conducted by the members of the association, providing an incentive to the association to truly prioritise their work for the members, not their own personal gains.

Asked if the fact that ARUC has had three CEOs in three years has affected the continuity of the authority's work, Vella said he firmly believed that since its inception, the authority has made huge strides forward.

"It had to start from absolute zero, and it had to build a strong regulatory framework for quite a sensitive subject," Vella said.

He said that given that he was already informed on the workings of the authority, he did not have to waste time to settle and orient himself with the subject, but could continue working on the foundation blocks that had been built by his predecessors, showing appreciation to them.

Vella said that the framework was seen to be working, now leading to a total of eight operational licences issued to associations, with six more in-principle licences. He added that more applications are being reviewed.

Describing this number as a huge step forward, Vella said that it does not mean that ARUC's work has stopped there, but the authority has to always stride for more, so it "does not shy away from reaching new heights."

"That is precisely why, in my tenure, I decided to introduce amendments, not because the previous directives were not good enough, but we are here to continue and further bolster our regulatory framework, and implement more needed amendments," Vella said.

 

The first part of the interview was carried in The Malta Independent on Sunday yesterday